Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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Use of the bare term “quasijudicial,” as a means of distinguishing between permissible and nonpermissible administrative functions, has been justly criticized as perpetrating an unworkable standard. (See Fed. Trade Comm’n v. Ruberoid Co. (1952) 343 U.S. 470, 487-488 [96 L.Ed. 1081, 1094-1095, 72 S.Ct. 800] (Jackson, J., dis.); Cooper, supra, State Administrative Law, pp. 50-50; Schwartz, Administrative Law (1984) § 21, pp. 34-35; see also Strumsky, supra, 11 Cal.3d at p. 42, fn. 14.) If, on the other hand, the term “quasijudicial” were understood as encompassing administrative powers meeting the test set out herein, use of the term as a shorthand means of describing the permissible scope of administrative power would be unobjectionable.

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